Terms and conditions

(1) MVXIM works exclusively with businesses (entrepreneurs within the meaning of § 14 German Civil Code, BGB), public-law entities and special public funds. MVXIM does not enter into contracts with consumers.

(2) These terms apply to all services, in particular strategy, web design and development, online stores, AI-assisted image and video production, advertising creative, campaign management (e.g. Google, Meta, ChatGPT Ads), social media and automation.

(3) The client's own terms do not become part of the contract, even if MVXIM does not expressly object to them. Individual agreements in a proposal take precedence over these terms.

(1) MVXIM's proposals are non-binding and valid for 30 days unless stated otherwise.

(2) A contract is formed when the client accepts the proposal in text form (e.g. by email) or when MVXIM starts work at the client's request.

(3) The proposal defines scope, dates and fees. Statements on the website, in concept studies or by the AI assistant are non-binding.

(1) MVXIM delivers the services described in the proposal to the current state of the art and may use suitable tools and subcontractors.

(2) Consulting, ongoing support and campaign management are services; no specific commercial result (e.g. reach, rankings, leads, revenue) is owed. Building a website, store or film is a contract for work unless the proposal states otherwise.

(3) If the client wants changes to the agreed scope, MVXIM provides a change proposal. Additional work is charged at the rates in the proposal, and dates move accordingly.

(4) Revision rounds agreed in the proposal are included; further rounds are charged separately.

(1) The client provides all content, information, access and approvals needed in good time and names a contact person authorised to decide.

(2) The client warrants that it holds the necessary rights to all materials it provides (texts, logos, images, product data, recordings of people) and indemnifies MVXIM against third-party claims arising from any infringement of those rights.

(3) If cooperation is delayed, deadlines extend accordingly. Resulting additional work may be charged.

(4) Unless expressly agreed otherwise, the legal review of content, advertising claims and products (e.g. under competition, trademark or health-advertising law) is the client's responsibility. MVXIM does not provide legal advice.

(1) MVXIM uses AI tools (e.g. Higgsfield, Claude) for image, video, text and automation work. Results are conceived, selected and reviewed by people.

(2) Under current law, AI-generated content is not always protected by copyright. MVXIM grants the client the rights that arise in the results or that MVXIM holds (section 7) but cannot guarantee protection against third parties.

(3) MVXIM takes care that results do not infringe recognisable third-party rights (e.g. other brands, real people without consent). A complete check for similarity with existing works is technically impossible.

(4) Where the law or platform policies require AI-generated or manipulated content to be labelled (e.g. Art. 50 EU AI Act), the client as the user is responsible for labelling it towards third parties. MVXIM points out labelling duties it can recognise.

(5) MVXIM enters the client's confidential data into AI services only with the client's consent, and only into services that do not use inputs for training.

(1) The client pays media budgets directly to the advertising platforms or reimburses MVXIM separately; they are not part of the agency fee unless agreed otherwise.

(2) Ad accounts, approvals and delivery are governed by each platform's terms and policies (e.g. Google, Meta, OpenAI). MVXIM has no influence over their decisions and is not liable for rejections, account suspensions or platform changes.

(3) MVXIM is not an OpenAI partner and cannot promise ad placement in ChatGPT or any influence on ChatGPT's answers.

(1) On full payment, the client receives a non-exclusive right, unlimited in time and territory, to use the work created for it for the purpose agreed in the proposal. Exclusive or further rights require express agreement.

(2) Until full payment, use is permitted only on a revocable basis.

(3) Source code, open design files, project files and raw material (e.g. unused AI generations) are handed over only if agreed.

(4) Third-party components (e.g. open-source software, fonts, stock material, plugins, platform licences) are subject to their providers' licences. Ongoing licence fees are borne by the client unless agreed otherwise.

(5) MVXIM may name the client and the work as a reference only with the client's prior consent.

(1) The client accepts work results within ten working days of being notified of completion, unless there are material defects. Minor defects do not justify refusing acceptance.

(2) The work is deemed accepted if the client puts it into productive use (e.g. publishes the website or runs the ad) or if the period in (1) passes without the client naming material defects; MVXIM points out this consequence when notifying completion.

(1) The fees in the proposal apply. All prices are net plus statutory VAT where applicable.

(2) Unless the proposal states otherwise, projects are invoiced 50% on order and 50% on acceptance. Ongoing services (retainers) are invoiced monthly in advance.

(3) Invoices are payable within 14 days without deduction. Statutory rules apply to late payment; MVXIM may withhold further work until payment is made.

(4) Third-party costs incurred on the client's behalf (e.g. licences, stock material, hosting, domains, AI compute beyond the usual scope) are passed on after prior agreement.

(1) If work results are defective, MVXIM first has the right to remedy them. If remedy fails twice, the client may reduce the fee or withdraw from the contract.

(2) Claims for defects become time-barred twelve months after acceptance. This does not apply in cases of intent, gross negligence, fraudulent concealment or injury to life, body or health.

(3) Deviations caused by changes made by the client or third parties, by browser, platform or interface updates after acceptance, or by content the client provided are not defects.

(1) MVXIM is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and within the scope of any guarantee given.

(2) For slightly negligent breach of an essential contractual obligation (one whose fulfilment makes proper performance of the contract possible and on which the client may regularly rely), liability is limited to the typical, foreseeable damage and at most to the net fee of the order concerned.

(3) Liability for slight negligence is otherwise excluded. This also applies to lost profit, indirect damage and data loss where the client has not kept adequate backups.

(4) These provisions also apply in favour of MVXIM's agents.

(1) Both parties keep the other's confidential information confidential, also after the contract ends.

(2) Where MVXIM processes personal data on the client's behalf (e.g. in a CRM, online store or automation), the parties conclude a data processing agreement under Art. 28 GDPR.

(1) Ongoing services (retainers) run for the minimum term in the proposal. After that they renew month by month and can be terminated in text form with one month's notice to the end of a month.

(2) The right to terminate for good cause is unaffected.

(3) If the client terminates a contract for work before completion, § 648 BGB applies.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the client is a merchant, a public-law entity or a special public fund, the place of jurisdiction for all disputes is MVXIM's seat. MVXIM may also sue the client at the client's seat.

(3) Changes and additions to the contract must be made in text form.

(4) If any provision is invalid, the remaining provisions stay valid. The statutory rule replaces the invalid provision.